The European Union’s much-anticipated Space Law, initially poised to harmonize rules across the EU for space-related activities, has encountered yet another delay. Originally slated for early 2024, the legislation’s release has now been postponed to at least 2025, sparking concern among policymakers and industry stakeholders. This delay, attributed to both political complexities and regulatory challenges, underscores the difficulty of aligning the diverse space policies of EU member states under a unified framework.
The stakes for the EU Space Law are high, given the rapid growth in private and public space activities worldwide. The EU Space Law could potentially take the form of regulations, directives, or simply policy principles, but its ultimate shape remains undefined. The law’s primary aim is to streamline licensing and operational requirements, allowing the EU to compete more effectively in the space industry.
A Patchwork of National Laws Hinders Progress
However, such standardization must navigate the complex legal landscape of 27 EU member states, each with its regulatory systems. Currently, the regulatory landscape for space in the EU is fragmented. Ten of the EU’s 27 member states have their own national space laws governing private sector operations, including authorization and oversight. These laws cover critical aspects such as safety, liability, and environmental standards in accordance with Article VI of the 1967 Outer Space Treaty. The EU’s goal to harmonize these laws under a singular Space Law would help streamline licensing and operational standards across the bloc, but national sovereignty concerns have made consensus elusive
Frans von der Dunk, a professor at the University of Nebraska and space law expert, voiced frustration with the slow progress. “If you are an EU lawyer, you often have to show an extraordinary amount of patience,” he remarked at the International Astronautical Congress. He warned that the journey toward a cohesive EU Space Law would likely be a “long and winding road” as each country weighs its national interests against EU-level goals.
EU Space Law: The Three Pillars of Space Regulation
The forthcoming EU Space Law aims to streamline space governance through three primary pillars:
- Safety Pillar: This component is designed to standardize safety protocols for space activities within the EU, emphasizing the safe launch, operation, and return of space vehicles. It focuses on reducing collision risks, ensuring safe disposal of obsolete satellites, and preventing space debris accumulation.
- Resilience Pillar: Addressing the resilience of space systems to physical and digital threats, the EU Space Law aims to strengthen cybersecurity measures for ground and orbital assets. Given the escalating risks of cyber-attacks, this pillar has drawn significant interest, with calls to adopt protocols from the EU’s Network and Information Security (NIS-2) and Critical Entities Resilience (CER) directives.
- Sustainability Pillar: In line with the European Green Deal, this pillar emphasizes sustainable practices for environmental conservation, both on Earth and in orbit. The Sustainability Pillar has sparked debate over standards for sustainable rocket fuels, eco-friendly satellite components, and minimizing the environmental impact of launch operations.
Space Debris and Sustainability
A critical component of the proposed EU Space Law is its focus on space sustainability, particularly in managing space debris. Space debris poses an increasing threat to vital satellite infrastructure, which supports essential services like GPS, communications, and Earth observation. The European Space Agency (ESA) has been vocal about the need to tackle debris, with initiatives such as the Zero Debris Charter, which aims to limit the creation of space debris by European missions.
However, without a binding legal framework, these efforts risk being inconsistently applied across member states. The proposed EU Space Law seeks to impose stricter standards for debris mitigation and removal, which, if passed, would enhance the EU’s ability to protect its space assets and promote safer, more sustainable space practices
The Role of Cybersecurity in Space Operations
In addition to debris management, the EU Space Law is expected to address cybersecurity, a growing concern for space infrastructure. The vulnerability of satellites and other space assets to cyberattacks has been underscored by recent incidents affecting global communication and data networks. By establishing cybersecurity protocols, the EU aims to safeguard its space assets against potential threats, bolstering resilience and reducing the risks posed by cyberattacks on critical space infrastructure.
Commissioner Thierry Breton, a key advocate for the legislation, has emphasized that creating a “single market” for space within the EU would allow for unified cybersecurity standards, thereby increasing the competitiveness of European companies. However, while stakeholders acknowledge the importance of cybersecurity, there is concern within the private sector about potential compliance burdens and associated costs.
Human Spaceflight and Beyond
One of the most groundbreaking aspects of the proposed legislation is its focus on human spaceflight. Currently, none of the existing national space laws within the EU address human space missions directly. With Europe’s increased ambitions in space, including plans for a European astronaut program, this gap in regulation has become more pronounced. EU officials view human spaceflight as an opportunity to assert the EU’s leadership in space while addressing critical issues such as liability and safety for crewed missions.
As Europe eyes more ambitious projects, including potential lunar and Martian exploration, the EU Space Law’s potential inclusion of human spaceflight provisions could be transformative. It would set standards not only for safety but also for ethical considerations, ensuring that the EU is prepared to take a significant role in international space exploration
The Future of EU Space Law: Between National Interests and Common Goals
The EU’s ambition to establish a cohesive space law reflects its broader goal of asserting a more unified and influential presence in space. However, balancing national interests with EU-level objectives remains a formidable challenge. While the proposed law has been lauded for its aims of sustainability, cybersecurity, and competitiveness, achieving consensus among member states may require considerable negotiation and compromise.
As Europe looks to the future, the EU Space Law’s success may ultimately depend on the willingness of individual countries to prioritize collective European interests over national sovereignty. With challenges mounting, the law’s supporters hope that policymakers will see the potential long-term benefits of a unified approach to space governance, one that could position the EU as a leader in the global space arena and ensure the sustainable growth of its space industry.
The journey toward an EU Space Law underscores the complexity of unifying 27 diverse legal frameworks under a common goal. With experts weighing in on the legal, environmental, and political challenges, the EU’s success hinges on its ability to balance innovation with rigorous standards for safety and sustainability. Although the timeline remains uncertain, the anticipated EU Space Law represents a bold step forward in ensuring Europe’s place in the new space economy.
The EU Space Law represents a bold vision for Europe’s future in space, yet it remains mired in political and regulatory complexities. If successfully enacted, it could mark a new era of European leadership in space governance, ensuring the safety and competitiveness of its space activities. But for now, the law faces a daunting journey through a landscape of national interests, industry concerns, and political roadblocks.
Author: Shernaz Jaehnel, Attorney at Law, CDPO/CIPP/CIPM, AI & Space Lawyer
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